State v. Barrise

The opinion of the court was delivered by

KOLE, J. A. D.

In our opinion of November 14,1979 we remanded this matter for a plenary hearing and findings on the issue of whether the State had provided a “satisfactory explanation” for the 40-day delay in sealing the tapes obtained during the wiretap. See State v. Cerbo, 78 N.J. 595 (1979) (hereafter Cerbo). We reserved for determination the questions of whether defendants *551had waived their right to raise the sealing requirement issue at trial by not incorporating it in their pretrial motions to suppress and whether Cerbo should be applied to this…